AMERICAN POLITICAL IDEAS.

New Zealand Herald, Volume XII, Issue XII, 3 July 1875, Page 1 (Supplement)

AMERICAN POLITICAL IDEAS.

CHECKS AND BALANCES. [BY OUR SAK FRANCISCO SPECIAL. ] Letter No. IL Ik my first letter I tried to shew the ideas upon which the American Republican form of Government is based ; the divisions which the system calls for, and the connecting links which bind the departments to each other, as well as tho lines which separate them. It will bo easily seen that so complex a machine requires in its supervision an squally complex system of cheeks. This system is in theory perfect, in practice it effectually covers the operations of a seriea of rings perpetrating the most gigantic frauds. The history of America since the war is a record of the most astounding "steals" on the part of the officers appointed to check the financial operations of the Government. The very perfection of the system of checks —paradoxical as it may seem—is tho cause of tho great frauds daily revealed. Depending upon the perfection of this schemc—its f ram era made no allowance for a combination of its officers, and whilst they legislated on the basis that the people would rob, they overlooked the possibility of the officers set to watch the people—combining to defraud them. Yet such is the history ,-,of every department of Government in the United State#. Further on I purpose _ pointing out the impracticability ef using the checks provided until the people 1 have learned to regard robbing the Government as they would any other theft. It was thought that by removing the incumbent* of officers every four years It would be impossible in that period for any officer or set of officer* to successfully rob tho eountry. In fact, it was said that in four years a man cannot learn the trade of a thief. But theso wiseacres forgot that the peoplo might become bo depraved as to place thieves in office, and that is just what is daily done. The motive which induces acceptance of office novr, is simply a desire to take advantage of a good opportunity to acquire wealth by stealing frem the people. It is now a notorious fact that nine-tenths of the Government officials of America buy their positions, ofttimea paying far more in election expense! than the aggregate of their four years' salary would amount to, and these men almost ae a rule retire from office rich. Therefore, because the people are politically impure, and have como to regard political thefts as justified by custom, the checks which were instituted to protect the people's money are inoperative. Those who framed the checks assumed that, at any rate, one-half of tho Government officials would be honest. Experience has shewn that not one-eighth can be so considered.

CHECKS AND COUNTER-CHECKS. I have shewn that in all American constitutions the powers of the Government are separated into three grand divisions, —the Legislative, Executive, and Judiciary. The officers of each division are supposed to keep each division in check as well as one another. TUB LEGISLATIVE DErARTMBKT consists of two Houses—The Senato and the House of Representatives. The Senate is composed of two senators elected from each State. The House of Representatives is composed of one member for every 157,109 inhabitants. But in no caso can the number of members in the Senate equal the number in the House of Representatives. Check 1. Every bill passed by any legislative body must be concurred in word for word by both Houses. Check 2. Though the bill may have passed both Houses by a majority in each, the Executive has the power to veto it Cheek 3. Lest the veto should have been unwisely used, the House retains the privilege of demanding that tho bill objected to shall be returned to the Houße within ten diys of the date of its passage; then, if two-thirds in each Houso agree to pass the bill, it becomes law, notwithstanding the Executive's veto.

TIIK EXECUTIVE. Neither Congress nor any State Legislature has any j>ower to compel the people to obey the laws it may pass. This power is vested in the Executive. The President of the United States is the Federal Executive, and it is his duty to seo that the laws aro properly administered. For this purpose ho is_ Commander-in-Chief of the Army and Navy, and of the State Militia when tho latter is called ont. lie makes treaties (with the consent of the Senate), nominates ambassadors, foreign ministers, consuls, jnilgea of the Federal Courts, collectors of reveuue, and all other officers of the United States. Check : Ho cannot dcclarc war ner change a Jaw. The Governor of each State is the Executive thereof; his powers within his own State aro analogous to those of tha President, but he has no power outside of his Stato. As a check upon the judiciary, he has the power to pardon convicts or commute their sentences. This power is constantly abused. TIIK CABINET consists of seven Chief Secretaries—of State, 1 rciaury, War, Navy, Interior, Postal, and uW' " lcße officers aro appointed by the President, but as a check the approval of the Senate is necessary to the legality of the appointments. Attached to these departments is a vast army of officials. The theory is that c ach one of these seven secretaries iB a check upon each other; but ia practice if they don't combine as a ring no individual secretary will permit any other secretary to interfere with nim. The great weakness of the cheeky system here is that there is no Auditor-General's department, no independent oliice, no chief officcr who, having neither receipts or expenditure under his control—might be free from the temptation to steal, and might honestly audit the accounts submitted to him. Thcro aro county auditors, but thcro is no high audit department in which the only true check eoald be applied. The theory is, that tho head of each department is the proper check upon hiß department, but tho head and tail being alike corrupt, there is no possibility of a chvok at all.

... .. THE JUDICIARY, with the exception of the Judges of the United States or Supreme Courts—tho entire Judiciary is elected by the people, I that is, in theory. I n practice they aro | elected by the political hucksters who now control every office, and who bur and sell! judgeships with impunity. Of course the theory is that the Judge is the high priest of the law its oracle, defender, and expounder. To so nie extent thia is true of the United States toui-t, -which is only brought into operation as a court of appeal, and which rarely deals with ordinary crimes, either civil or otherwise. Rut 10 Judges in the ordinary Courts are a disgrace to the countnr, and no theory can blind the impartial observer to this grand defect in tho American system. Th e American people ask too much from poor humanity when they expect a man to servo his country for four years, during which .he is expected to. deal i with questions of life and death, to provoke

undying hate, to arouse the worst passions in the breasts of those he mast punish, to neglect his cwn business, and to do all this for a merely nominal salary for so brief a period. It cannot be done, and it is not done. The proportion of American judges who are approachable i* disgracefully large; hearing, honesty, and fearlessn,eSß, ar « supposed to be the best checks in the judiciary system. So ; be if they existed—but this trinity of virtue is very seldom present in the elected judge of the United States. Checks : The system of appeal was thought to be an admirable check upon the lesser judges—that was the theory. In practice the system is now a grand loop-hole through which almost every rich or influential criminal may escape the consequences of his crime. The check admits of almost every legal decisiou being appealed from again and again, from Court to Court, until prosecutors can be bought off, or some of the thousand and one crime-eacapca got ready for the criminal. The check theories may be summarised thus :— (A.) That by the division of powers and duties between Unions, States, counties, towns, and school districts, and by a distribution of its responsibilities among three separate but co-ordinate departments—the Legislative, Executive, and Judicial—a general system of check is fully established. (B.) That the Government of this country shall not be one of men, but of laws ; this being provided for in the fact' that the Legislative can never become the Executive, and that the Executive shall never exercise the Legislative or Judiciary functions. (C.) That no unchecked or irresponsible power shall be given to any set of men, but a smnU share of power shall be given to a great number of officers, all of whom shall check the acts and balancs the influences of the others.

(D.) That the President it a check upon Congress ; the Senate a check upon the President ; the Judiciary a check upon crime, and also upon the Legislature, whose work it may declare unconstitutional. The Union is a check upon the States, and the States tpon She Union; fthe State Government a check, upon counties and cities ; the Grand Jury a check upon the public officcs of each county, whom it may indict for offences against the commonwealth ; the Legislative is a check uj>on the Judiciary, for the Lower House may impeach any Judge .for malfeasance in office.

As a theory, what could be more beautiful. Set such a system in motion and it goes on with the accuracy and regularity of a chronometer watch. Crime could not ba hidden under such a beautiful ideal system, there could not b» malfeasanoe in office, corruption is impossible ; therefore, in theory the American system of Government is perfectly beautiful, and beautiful in its perfection. Unfortunately, as a matter of fact the reverse is the case, and the system does not work at all. The system is aU right or nearly so, but the people—ay, there's the rub. It is quite possible for the greatest criminal to creato a wise and beautiful law, but it is very improbable that he will obey it. Tho American people have created laws whioh might govern honest men, when the nation becomes honest, its laws will be properly administered ; at present they are almost a dead-letter. Tho American jurisprudent loves complex forms. Here is what the great Daniel Webster says en this subject:— " Nothing is more deceptive or more dangerous than the pretence of a desire to simplify Government. The simplest Govern-ments are despotisms ; the next simplest, Limited Monarchies; but all Republics, all Governments of law must impose numerous limitations and qualifications of authority. In other words, they must be subject to rule and regulation. This is the very essence of free political institutions. A separation of departments, so far as practicable, and the preservation of clear lines of division between them, is the fundamental idea in the creation of all our Constitutions ; and doubtless the continuance of regulated liberty depends on maintaining these boundaries." Of course order is a prime consideration, and tho American classifies the grand divisions thus :—l. Tho Constitution. 2. Acts of Congress and treaties. 3. State Constitutions. 4. Acts of State Legislatures. 5. Ordinances by county supervisors, or Municipal or town Governments.

My nex'i letter will bo on the " American Idea of Representation."